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The OP states that Penalty Services decided her first stage appeal on 28 October 2024. It is inconceivable that Penalty Services would have entertained, as it did, second and final stage appeals if the challenged penalty fare had been cancelled at any time up to the issue of its decision on the...

According to the uploaded 'reminder' letter, the amount of the penalty fare due is said to be £100, and no payment has been made. Since the correct amount of a penalty fare is £100 PLUS the full single fare for the journey authorised by the penalty fare, I do not see how a valid penalty fare...

To which rights are you referring? This reflects one of the objectionable aspects of the appeal decision: it asserts a reduction in the OP's opportunities "within a twelve month period ... to produce the documentation after the date of travel” but gives no indication of how those opportunities...

Very glad to see that the appeal against the penalty fare has been upheld. This appeal was lodged on 6th February; as such a decision on it should have been made by Penalty Services no later than 27th February (See Para. 6 in Schedule 2 to the Penalty Fare Regulations: “Where an Appeal Panel...

A couple of further observations: The prosecutor wrote to the OP on 27 January 2025, requesting a response within 14 days. The OP's response appears to be dated 30.01.2025. That suggests that the deadline was not missed. Did the OP date the response but not return it promptly? It is not...

If the summons in this case is bad for duplicity (on the basis that it conflates elements of multiple offences within a single charge) then the same is likely to be true for most, if not all, of GTR's prosecutions in recent years alleging a Byelaw 18(1) offence. It is apparent from a number of...

From the terms of settlement agreed South Western Trains appears to have accepted that its actual loss was the wrongly claimed discount of £808, so a reasonable outcome on that score. The company might have had difficulty in substantiating the claimed expenditure of exactly four hours on...

From the Railways (Penalty Fares) Regulations 2018: Schedule 2, Paragraph 6: “Where an Appeal Panel receives an appeal under regulation 16 or 17, it must decide whether to allow or not allow the appeal before the end of the period of 21 days beginning with the day on which the appeal is...

I'm surprised by the frequency of failures by railway operators to conform to the requirements of the regulations that is apparent from images of penalty fare notices uploaded to this board. I see nothing on the penalty fare notice image in this thread stating “the fact that the 21 days to pay...

The other possibility is that the OP boarded the 2-car 1112 service from Salisbury-Temple Meads, which departed Oldfield Park at 12:17:15. Either way, @island's point is correct, as the penalty fare was issued to a station at which the service conveying the OP did not call. The proper outcome...

I will assume for the sake of argument that the train operator has accurately calculated the undiscounted fares for journeys where the wrong railcard discount was claimed, and that there is no basis for claiming that journeys have been included in the calculation for which the correct fare was...

Having not seen either the terms of your Final Stage appeal or the full decision of the Final Appeal Panel, I'm in no position to comment on whether it has properly discharged its obligations or whether it has rejected your appeal on valid grounds. That said, I hold to the view I expressed in...

Regulation 16(13) contains a definition of what qualifies as a season ticket as follows: “In this regulation “season ticket” means a ticket which entitles the person to whom it is issued to make an unlimited number of journeys in any direction between the stations, or within the zones, for...

This really isn't an accurate representation of what the Regulations say. In particular, the implication that @furlong's logic leads to 50+ PF appeals being upheld where a passenger does not replace a lost season ticket fails to take any account of the qualification applied to the Regulation...

I am sorry that my previous post was couched in such cryptic terms. The reason for this was that the £13.95 receipt tendered as evidence of the season's purchase on the day of the incident did indeed raise the possibility that your son had used a child ticket for an adult's journey. Whilst the...

So far as I can tell, the full single fare applicable to a child's journey from Bexhill arriving at Eastbourne at the time the penalty fare was issued was £3.70. £7.40 was the full single fare applicable to the corresponding journey for an adult. In this case the penalty fare of £107.40...

Apologies, you are absolutely correct. I was confusing the commutation provision in Regulation 18(8A) with the time limit, in Regulation 18(10), for repayment of a previously paid penalty fare following a successful final appeal. It does remain the case that Regulations 18(9)(b) and 18(10)(b)...

See, e.g., Regulation 16(11A) of the Railways Penalty Fares) Regulations 2018: "(11A) If an appeal is against a penalty fare calculated in accordance with regulation 9(1A) or (4A), where the relevant Appeal Panel— ... (b)fails to adhere to the time period specified in paragraph 6 of schedule...

If it is EMR's advice that the OP should contact its prosecutions unit specifically then that is, of itself, a cause for concern. Prosecution for a byelaw offence or under Section 5(3)(a) Regulation of the Railways Act 1889 is now barred by application of Regulation 11(3) of the Penalty Fares...

The appeals panel here has apparently erred by failing to draw the necessary distinction between a receipt (which the PFN itself can become if a payment is made and noted on the notice at the time it is issued) and an intimation of the right to be provided with such receipt, irespective of...